§ 112.3173, Fla. Stat. · Part III. CODE OF ETHICS FORPUBLIC OFFICERS AND EMPLOYEES
Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits.
Text — 2026 Florida Statutes
(1) INTENT.—It is the intent of the Legislature to implement the provisions of s. 8(d), Art. II of the State Constitution.
(2) DEFINITIONS.—As used in this section, unless the context otherwise requires, the term:
(a) “Conviction” and “convicted” mean an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or of nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense.
(b) “Court” means any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense.
(c) “Public officer or employee” means an officer or employee of any public body, political subdivision, or public instrumentality within the state.
(d) “Public retirement system” means any retirement system or plan to which the provisions of part VII of this chapter apply.
(e) “Specified offense” means:
1. The committing, aiding, or abetting of an embezzlement of public funds;
2. The committing, aiding, or abetting of any theft by a public officer or employee from his or her employer;
3. Bribery in connection with the employment of a public officer or employee;
4. Any felony specified in chapter 838, except ss. 838.15 and 838.16;
5. The committing of an impeachable offense;
6. The committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which the public officer or employee acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position; or
7. The committing on or after October 1, 2008, of any felony defined in s. 800.04 against a victim younger than 16 years of age, or any felony defined in chapter 794 against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position.
(3) FORFEITURE.—Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination.
Notes and commentary — not statutory text
History
s. 14, ch. 84-266; s. 4, ch. 90-301; s. 44, ch. 92-279; s. 55, ch. 92-326; s. 22, ch. 94-249; s. 1414, ch. 95-147; s. 13, ch. 99-255; s. 3, ch. 2008-108; s. 14, ch. 2012-100.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/0112.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- Fla. Stat. ch. 120ADMINISTRATIVE PROCEDURE ACTPrinted as chapter 120
- Fla. Stat. ch. 794SEXUAL BATTERYPrinted as chapter 794
- § 800.04, Fla. Stat.Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.Printed as s. 800.04
- Fla. Stat. ch. 838BRIBERY; MISUSE OF PUBLIC OFFICEPrinted as chapter 838
Cited by 11 provisions
Provisions in this library whose text cites § 112.3173, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 121.091, Fla. Stat.Benefits payable under the system.Printed as s. 112.3173; ss. 112.3173, 112.363, 121.053, and 121.122
- § 440.385, Fla. Stat.Florida Self-Insurers Guaranty Association, Incorporated.Printed as ss. 112.317 and 112.3173
- § 497.101, Fla. Stat.Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.Printed as ss. 112.317 and 112.3173
- § 627.351, Fla. Stat.Insurance risk apportionment plans.Printed as ss. 112.317 and 112.3173
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